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2015 (10) TMI 1350 - CESTAT NEW DELHI

2015 (10) TMI 1350 - CESTAT NEW DELHI - TMI - Duty demand - Imposition of penalty - SSi exemption - Brand name - Held that:- There is no dispute for payment of duty which has fairly been admitted by the appellant that they are liable to pay duty. Therefore, the appellant shall pay duty along with interest. Now, we come to the issue of penalty. We find that in this case although the observations had been made by BIFR not to take any penal action against the appellant, which is not binding on us b .....

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that in such circumstances, penalty is not imposable on the appellants. - Demand of duty along with interest is confirmed - Decided partly in favour of assessee. - Excise Appeals Nos. E/3434, 3436 and 3437/2004 - Dated:- 12-8-2015 - Ashok Jindal, Member (J) And B Ravichandran, Member (T) For the Appellant : Shri B Garg, Adv For the Respondent : Shri Ranjan Khanna, DR ORDER Per Ashok Jindal The appellants are in appeals against the impugned order demanding duty along with interest and imposing p .....

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ill 18.07.98, the central excise duty was levied on Skimmed Milk Powder and the appellant filed a declaration before the Central Excise Authorities that they are manufacturing Skimmed Milk Powder under the brand name of "INDANA" which was owned by them as M/s. Indodan Industries Ltd. stopped their production in the year, 1994. The Revenue demanded duty for the impugned period as they were using the brand name of another person, therefore, they are not entitled to SSI exemption during t .....

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